Testo completo
This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STEVE CASTRO,
Plaintiff-counter-claimant -
Appellant,
v.
UNITED STATES OF AMERICA,
Defendant - Appellee,
and
SHIRLEY J. VEATCH,
Third-party-defendant.
No. 09-17427
D.C. No. 2:08-cv-01502-NVW
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted November 18, 2011**
San Francisco, California
Before: FARRIS, NOONAN, and BEA, Circuit Judges.
FILED
NOV 29 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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Steve Castro appeals from the district court’s grant of summary judgment in
favor of the United States. The parties are familiar with the facts underlying the
appeal and thus we do not include them here.
The district court’s failure to accord a hearing on a motion for summary
judgment was not legal error in light of Federal Rule of Civil Procedure 78 and the
District of Arizona Local Rules of Civil Procedure which state that no response to
the motion for summary judgment is equivalent to consenting to the motion, see
Local Rule 7.2(i), and that no hearing is required where no request is made for
such a hearing, see Local Rule 7.2(f).
AFFIRMED.
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